Guide FINAK - Finance Act 2013 Explained

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A Finance Act is the headline fiscal budgetary legislation enacted by the UK Parliament, containing multiple provisions as to taxes, duties, exemptions and reliefs at least once per year, and in particular setting out the principal tax rates for each fiscal year. In the UK , the Chancellor of the Exchequer delivers a Budget speech on Budget Day , outlining changes in spending, as well as tax and duty.

The changes to tax and duty are passed as law, and each year form the respective Finance Act. Additional Finance Acts are also common and are the result of a change in governing party due to a general election , a pressing loophole or defect in the law of taxation, or a backtrack with regard to government spending or taxation. However a repeal order can also be made by statutory instrument. The rules governing the various taxation methods are contained within the relevant taxation acts.

The Finance Act details amendments to be made to each one of these Acts. Excise duties are inland duties levied on articles at the time of their manufacture. The Finance —10 Act resulted in a significant net increase in taxation, and it also requisitioned a survey dubbed by right-wing journalists the " Lloyd George 's Domesday land-survey", [ citation needed ] in particular entailing the — valuation maps. Each property and related right under and over land hereditament in England and Wales was surveyed and valued, so Increment Value Duty based on land value could be levied when any property was sold.

The benefit of a reduced threshold of days is further proposed to be extended to entities which are engaged in the business of manufacture of footwear or leather products. The Government recognises that these industries are labour-sensitive and, hence, it is essential to extend the incentive provided to them. In case of failure to file the tax return within the prescribed due dates, the deduction claimed by the taxpayer shall not be allowed.

The amendments enacted under Finance Act, shall be applicable for the assessment year onwards. Given the multiple conditions provided in the section, much is left on the taxpayers for interpretation. Various queries have crop up at the time of practical application of the provisions and computing the deduction allowable in the hands of the employer.

A few questions which needs to be deliberated upon and require clarifications have been listed below:. If such is the case, can the taxpayer explore the option of revising their tax returns for prior years or making the claim in their pending tax proceedings, to claim the deduction, which could not be claimed earlier due to the limitation to complete the threshold of specified number of days in the first year of employment itself?

Furthermore, the deduction under section 80JJAA of the Act is not allowed if the business is acquired by the taxpayer by way of transfer or as a result of any business reorganisation.

The legislative process

It may be argued that cases of succession of business should not be covered under this exclusion. Therefore, in the cases of succession of the business, the successor should be able to claim the deduction for the remaining number of years. Given the ambiguities in the application of the provisions of the section under consideration, more clarifications on the interpretation and practical application would be more than welcome.

Furthermore, with the amendments made by the Finance Act, , it is also necessary that the template of Form 10DA is suitably updated to reflect the amended provisions.

What is Finance Act?

This would ensure complete and correct disclosure. While the amendments brought in by the Finance Act, are welcome few more relaxations can be made. Presently, the provisions of section 80JJAA of the Act are worded such, that the deduction is available only to taxpayers who are engaged in carrying out "business" activities. Taxpayers engaged in professional activities are not eligible to claim the benefit of the deduction. Therefore, it is recommended that the provisions of section 80JJAA of the Act are further liberalized such that taxpayers carrying out profession are also able to seek the benefit of the deduction.

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Additionally, the monetary limit of INR 25, per month does not appear to be realistic, considering the rate of inflation in the economy and the current industry norms in terms of remuneration. Due to the lower monetary threshold, many taxpayers are unable to take noteworthy benefit of the incentive provided under section 80JJAA of the Act notwithstanding creating significant additional employment. Financial Services. Related Articles. Introducing Differential Voting Rights. Nishith Desai Associates. View More Videos.

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